DUTA Letter to Prime Minister of India, 02.06.2019

                                                                                                                                           
Shri Narendra Modi
Hon’ble Prime Minister
Govt of India

2 June 2019

Sub: Appeal for Urgent Intervention on Pension Issue in Delhi University

Respected Prime Minister,

On behalf of the teachers of Delhi University, we extend to you our felicitations on having won the confidence of the people of this country and on assuming the responsibility to give shape to their legitimate aspiration. The personal interest that you have shown on the matter of pensionary benefits to all sections of our society has encouraged us to write to you seeking your intervention on this issue that faces many of the retired teachers and employees of the University.

We detail the matter below and hope for your positive intervention to resolve the matter:
While the University administration has responded positively to the recent directives issued by your Ministry (F.No. 4-41/2014-Desk (U) dated 29 March 2019 and F. No. 19-5/2003(CU) Vol.IV dt 30th March 2019) in this matter (regarding release of pensions to retirees in category 3 and to those who came into the pension scheme under the University-offered options from 1989 to 1998 and are not involved in litigation), there are still a number of teachers and employees whose release of pensions still remains unsanctioned despite two unambiguous High Court judgments in their favour.

These are the employees who 1) opted for CPF after September 30, 1987, and therefore should automatically have been put in the pension scheme, or 2) those who opted for CPF before that date, but failed to exercise their choice for pension in 1998 because the University circular did not reach them, or 3) those who did exercise this option, but frustrated by their circumstances of still not receiving their pensions, took recourse to the Courts.

Against many of them the University has filed SLPs.

1. The employees who exercised their choice after September 30, 1987 for CPF are victims of the confusions created by the University during that period. As you would be aware, according to the Government circular dated 1.5.1987, they should automatically have been put in the Pension Scheme if they did not opt for CPF by September 30, 1987. The High Court in its judgment of 2014, on these very grounds, upheld this and ordered the release of pension to this category. The University also lost the case against them in the subsequent Division Bench Judgment of the High Court. Despite clear Orders, these High Court judgments have been ignored.

2. The case of those who opted for CPF in the period 1.5. 1987 and 30.9.1987, but failed to take advantage of University offered options till 1998, was also considered and decided by the Double Bench of 2016, which ordered release of their pensions on grounds of their being subjected to discrimination. This category too has not received justice from the University.

3. The third set of employees, who should have been granted release of pensions along with others of the “options” category, have been left out because they filed for relief in the courts. This is gross injustice, as it is the right of every citizen to approach the courts in case of injustice and non-implementation of benefits legitimately granted by their employer. Many of them faced very adverse financial and health situations, and driven to the wall, took recourse to courts, for which they should not be penalized.

4. In addition there are employees who responded to the 13th option offered by the University in 1998, many of whom, who retired before 2010, are receiving their pensions. Denying it to those who retired between 2010 and 2014 is discriminatory, and not in keeping with the best legal practices or justice.

All these remaining employees are being pushed, by the denial of their pensions, into extreme financial hardship, after decades of service to the University and the country. Their numbers are not too many, but the injustice is not insignificant.

The DUTA appeals to you on grounds of justice, compassion and the rule that similarly placed persons must be given equal benefits.

We have also written to the Hon’ble Minister, MHRD seeking his intervention and hope that you will also take a personal interest in the matter. We request you to direct the University to withdraw the SLPs as it is a cruel act on the part of an employer against its own employees and condone the clause regarding litigation, recognising that they were forced by circumstances, and due to no fault on their part, to seek legal remedy and relief.

Thanking you,
Yours sincerely,